Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a party to an
arbitration agreement commences proceedings in a court against another party
to the arbitration agreement in respect of a matter agreed to be referred to
arbitration by the agreement, that other party may, subject to
subsection (2), apply to that court to stay the proceedings and that
court, if satisfied —
(a) that
there is no sufficient reason why the matter should not be referred to
arbitration in accordance with the agreement; and
(b) that
the applicant was at the time when the proceedings were commenced and still
remains ready and willing to do all things necessary for the proper conduct of
the arbitration,
may make an order
staying the proceedings and may further give such directions with respect to
the future conduct of the arbitration as it thinks fit.
(2) An application
under subsection (1) shall not, except with the leave of the court in
which the proceedings have been commenced, be made after the applicant has
delivered pleadings or taken any other step in the proceedings other than the
entry of an appearance.
(3) Notwithstanding
any rule of law to the contrary, a party to an arbitration agreement shall not
be entitled to recover damages in any court from another party to the
agreement by reason that that other party takes proceedings in a court in
respect of the matter agreed to be referred to arbitration by the arbitration
agreement.